Striking off Company Services

If you are thinking about ceasing your business and further shut down your company in Malaysia due to poor business performance or company being dormant (no activity). In general, the most general way would be submission of striking off applications through SSM. 

Do note that there are certain criteria and compliances which are required to be fulfilled before the striking off application can be proceeded.

Criteria to strike off a company

The company may wish to close the company for various reasons and the authorised personnel like director, the appointed corporate secretary and the registered filing agent may apply to SSM (Companies Commission of Malaysia) to strike off the company's from the register pursuant to Section 550 of the Companies Act 2016.

To apply for striking-off under Section 550 of the Companies Act 2016, the company must satisfy the following criteria:-
  • The company has not commenced business since incorporation or has ceased operation. 
  • There is no asset and liabilities in the company
  • The company has closed all the company’s bank account(s)
  • The company has no outstanding tax or liabilities with any Government Department or Agency.
  • There are no outstanding charges in the Register of Charges.
  • The company has no outstanding of penalties or offer of compounds under the Companies Act 2016. 
The company is not involved in any legal proceedings (within or outside Malaysia).
  • The company has not made any return of capital to the shareholders.
  • The information of the company with the Registrar is up to date
  • The company is not a holding company
  • The company is not a “Guarantor Corporation”.
Processing Time

The entire process will take at least 12-16 months.

Lodgment of an Objection Against Malaysia Striking Off

Any interested person can submit an objection against a striking off application with a prescribed fee of RM300.00 within 30 days from the date specified in the notice or publication of notification under section 551(1) on any of the grounds referred to in section 552(1), together with the necessary supporting documents. If Registrar receives any objection following the notification issued under section 551(1), the Registrar will not proceed with the application to strike off a company unless the Registrar is satisfied that:

(a) the objection has been withdrawn;
(b) any facts on which the objection is based are not, or are no longer correct; or
(c) the objection is frivolous and vexatious.

Withdrawal of Striking Off Application

A company can apply for withdrawal of its application for striking off within 30 days from the date specified in the notice or publication of notification under section 551(1) with a reason and necessary supporting documents with a prescribed fee of RM500.00.

 

GAZETTE NOTIFICATION

The striking off exercise is effected through the issuance of notice to the relevant parties and the publication of notification and gazette. On publication of the gazette pursuant to section 551(3) of the CA 2016, the company shall henceforth be dissolved.

 

After a Company has been Struck Off

The directors shall retain all registers, books, statutory records, accounting records and documents as required under the CA 2016 for a period of 7 years after the company has been struck-off from the register and shall be made available for inspection upon request by the Registrar.

 

 For more details, please contact us for professional advice.